News & Spotlight

Considerations for CARE Act Eligibility

The CARE Act Eligibility Criteria Fact Sheet provides an overview of eligibility criteria, diagnoses (including bipolar I disorder with psychotic features, effective January 1, 2026), and additional information.

As courts, county behavioral health teams, and other stakeholders consider eligibility, the following questions can help determine whether CARE is the least restrictive and most appropriate intervention:

• Do they have a qualifying diagnosis?
• Are they experiencing a serious mental disorder? Are their symptoms severe in degree and persistent in nature?
• Are they clinically stabilized?
• Is CARE the least restrictive alternative?
• Is it likely the person will benefit from a CARE plan or CARE agreement?
• Is the person’s condition deteriorating?
• Are services and supports needed to prevent relapse or further deterioration?

As counties and courts gain experience implementing the CARE Act, many are identifying important nuances in determining eligibility and whether CARE provides the appropriate level of structure and support for an individual’s circumstances.

A recent panel discussed how an individual’s desire to voluntarily engage would impact eligibility for CARE. While county behavioral health typically attempts voluntary engagement first, CARE may still be appropriate when ongoing structure—such as coordinated treatment planning, regular checkins, and sustained outreach—would help support stability and prevent disengagement.

Counties are also navigating discussions regarding varying levels of acuity, including individuals discharging from state hospitals or transitioning from the criminal justice system. Acute needs do not automatically rule someone out of CARE; rather, they underscore the importance of coordination across levels of care. Individuals may require shortterm higherintensity services while still benefiting from the longerterm involvement of a CARE team.

Ultimately, determining whether CARE provides the appropriate level of support involves evaluating current functioning, history of engagement, potential benefit of structured oversight, and the likelihood that CARE will strengthen continuity and promote longterm stability.

Counties are encouraged to review and share existing eligibility resources with key partners, particularly when navigating nuanced eligibility questions:

• Eligibility in Practice training materials
• Understanding Bipolar I with Psychotic Features brief and training
• Senate Bill 27 brief and training
• Completing a CARE Act Petition: A Tutorial for Key Steps and Tips
• CARE Act Eligibility Criteria Fact Sheet

Click here for the materials.